[*1]
Mount Carmel Assoc., L.P. v Jones
2009 NY Slip Op 52131(U) [25 Misc 3d 131(A)]
Decided on October 21, 2009
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 21, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Schoenfeld, Shulman, JJ
570392/08.

Mount Carmel Associates, L.P. Petitioner-Landlord-Respondent,

against

Sharon Jones, Respondent-Tenant-Appellant, -and- Vern Durr Respondent-Tenant, -and- Jeremiah Washington, Respondent-Undertenant.


Tenant Jones appeals from an order of the Civil Court of the City of New York, New York County (Brenda S. Spears, J.), dated July 8, 2008, which granted that branch of her motion seeking the appointment of a guardian ad litem, but denied those branches of the motion seeking to vacate a default judgment and warrant of eviction in a holdover proceeding.


Per Curiam.

Appeal from order (Brenda S. Spears, J.), dated July 8, 2008, dismissed, without costs, as moot.

This appeal has been rendered moot because tenant was evicted during the pendency of the appeal for failing to comply with the payment terms of the stay issued by this Court. The circumstances presented do not warrant addressing the issue raised under an exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 21, 2009